Illinois General Assembly - Full Text of HB1288
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Full Text of HB1288  99th General Assembly


Rep. Elizabeth Hernandez

Filed: 5/18/2015





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2    AMENDMENT NO. ______. Amend House Bill 1288 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Domestic Workers' Bill of Rights Act.
6    Section 5. Purpose and findings. Domestic workers play a
7critical role in Illinois' economy, working to ensure the
8health and prosperity of Illinois families and freeing others
9to participate in the workforce. Despite the value of their
10work, domestic workers have historically been excluded from the
11protections under State law extended to workers in other
12industries. Domestic workers are predominantly women who labor
13to support families and children of their own and who receive
14low pay and minimal or no benefits. Without clear standards
15governing their workplaces, and working alone and behind closed
16doors, domestic workers are among the most isolated and



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1vulnerable workforce in the State. Workforce projections are
2one of growth for domestic workers, but the lack of decent pay
3and other workplace protections undermines the likelihood of
4building and maintaining a reliable and experienced workforce
5that is able to meet the needs of Illinois families. Therefore,
6the General Assembly finds that because domestic workers care
7for the most important elements of Illinoisans' lives, our
8families and our homes, it is in the interest of employees,
9employers, and the people of Illinois to ensure that the rights
10of domestic workers are respected, protected, and enforced and
11that this Act shall be interpreted liberally to aid this
13    Section 10. Definitions. As used in this Act:
14    "Domestic work" means:
15        (1) housekeeping;
16        (2) house cleaning;
17        (3) home management;
18        (4) nanny services including childcare and child
19    monitoring;
20        (5) caregiving, personal care or home health services
21    for elderly persons or persons with an illness, injury, or
22    disability who require assistance in caring for
23    themselves;
24        (6) laundering;
25        (7) cooking;



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1        (8) companion services;
2        (9) chauffeuring; or
3        (10) other household services for members of
4    households or their guests in or about a private home or
5    residence or any other location where the domestic work is
6    performed.
7    "Domestic worker" means a person employed to perform
8domestic work. "Domestic worker" does not include: (i) a person
9performing domestic work who is the employer's parent, spouse,
10child, or other member of his or her immediate family,
11exclusive of individuals whose primary work duties are
12caregiving, companion services, personal care or home health
13services for elderly persons or persons with an illness,
14injury, or disability who require assistance in caring for
15themselves; (ii) child and day care home providers
16participating in the child care assistance program under
17Section 9A-11 of the Illinois Public Aid Code; (iii) a person
18who is employed by one or more employers in or about a private
19home or residence or any other location where the domestic work
20is performed for 8 hours or less in the aggregate in any
21workweek on a regular basis, exclusive of individuals whose
22primary work duties are caregiving, companion services,
23personal care or home health services for elderly persons or
24persons with an illness, injury, or disability who require
25assistance in caring for themselves; or (iv) a person who the
26employer establishes: (A) has been and will continue to be free



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1from control and direction over the performance of his or her
2work, both under a contract of service and in fact; (B) is
3engaged in an independently established trade, occupation,
4profession or business; or (C) is deemed a legitimate sole
5proprietor or partnership. A sole proprietor or partnership
6shall be deemed to be legitimate if the employer establishes
8        (1) the sole proprietor or partnership is performing
9    the service free from the direction or control over the
10    means and manner of providing the service, subject only to
11    the right of the employer for whom the service is provided
12    to specify the desired result;
13        (2) the sole proprietor or partnership is not subject
14    to cancellation or destruction upon severance of the
15    relationship with the employer;
16        (3) the sole proprietor or partnership has a
17    substantial investment of capital in the sole
18    proprietorship or partnership beyond ordinary tools and
19    equipment and a personal vehicle;
20        (4) the sole proprietor or partnership owns the capital
21    goods and gains the profits and bears the losses of the
22    sole proprietorship or partnership;
23        (5) the sole proprietor or partnership makes its
24    services available to the general public on a continuing
25    basis;
26        (6) the sole proprietor or partnership includes



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1    services rendered on a Federal Income Tax Schedule as an
2    independent business or profession;
3        (7) the sole proprietor or partnership performs
4    services for the contractor under the sole
5    proprietorship's or partnership's name;
6        (8) when the services being provided require a license
7    or permit, the sole proprietor or partnership obtains and
8    pays for the license or permit in the sole proprietorship's
9    or partnership's name;
10        (9) the sole proprietor or partnership furnishes the
11    tools and equipment necessary to provide the service;
12        (10) if necessary, the sole proprietor or partnership
13    hires its own employees without approval of the employer,
14    pays the employees without reimbursement from the employer
15    and reports the employees' income to the Internal Revenue
16    Service;
17        (11) the employer does not represent the sole
18    proprietorship or partnership as an employee of the
19    employer to the public; and
20        (12) the sole proprietor or partnership has the right
21    to perform similar services for others on whatever basis
22    and whenever it chooses.
23    "Employ" includes to suffer or permit to work.
24    "Employee" means a domestic worker.
25    "Employer" means: any individual; partnership;
26association; corporation; limited liability company; business



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1trust; employment and labor placement agency where wages are
2made directly or indirectly by the agency or business for work
3undertaken by employees under hire to a third party pursuant to
4a contract between the business or agency with the third party;
5the State of Illinois and local governments, or any political
6subdivision of the State or local government, or State or local
7government agency; for which one or more persons is gainfully
8employed, express or implied, whether lawfully or unlawfully
9employed, who employs a domestic worker or who exercises
10control over the domestic worker's wage, remuneration, or other
11compensation, hours of employment, place of employment, or
12working conditions, or whose agent or any other person or group
13of persons acting directly or indirectly in the interest of an
14employer in relation to the employee exercises control over the
15domestic worker's wage, remuneration or other compensation,
16hours of employment, place of employment, or working
18    Section 90. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20    Section 92. The Illinois Human Rights Act is amended by
21changing Section 2-101 as follows:
22    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
23    Sec. 2-101. Definitions. The following definitions are



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1applicable strictly in the context of this Article.
2    (A) Employee.
3        (1) "Employee" includes:
4            (a) Any individual performing services for
5        remuneration within this State for an employer;
6            (b) An apprentice;
7            (c) An applicant for any apprenticeship.
8        For purposes of subsection (D) of Section 2-102 of this
9    Act, "employee" also includes an unpaid intern. An unpaid
10    intern is a person who performs work for an employer under
11    the following circumstances:
12            (i) the employer is not committed to hiring the
13        person performing the work at the conclusion of the
14        intern's tenure;
15            (ii) the employer and the person performing the
16        work agree that the person is not entitled to wages for
17        the work performed; and
18            (iii) the work performed:
19                (I) supplements training given in an
20            educational environment that may enhance the
21            employability of the intern;
22                (II) provides experience for the benefit of
23            the person performing the work;
24                (III) does not displace regular employees;
25                (IV) is performed under the close supervision
26            of existing staff; and



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1                (V) provides no immediate advantage to the
2            employer providing the training and may
3            occasionally impede the operations of the
4            employer.
5        (2) "Employee" does not include:
6            (a) (Blank); Domestic servants in private homes;
7            (b) Individuals employed by persons who are not
8        "employers" as defined by this Act;
9            (c) Elected public officials or the members of
10        their immediate personal staffs;
11            (d) Principal administrative officers of the State
12        or of any political subdivision, municipal corporation
13        or other governmental unit or agency;
14            (e) A person in a vocational rehabilitation
15        facility certified under federal law who has been
16        designated an evaluee, trainee, or work activity
17        client.
18    (B) Employer.
19        (1) "Employer" includes:
20            (a) Any person employing 15 or more employees
21        within Illinois during 20 or more calendar weeks within
22        the calendar year of or preceding the alleged
23        violation;
24            (b) Any person employing one or more employees when
25        a complainant alleges civil rights violation due to
26        unlawful discrimination based upon his or her physical



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1        or mental disability unrelated to ability, pregnancy,
2        or sexual harassment;
3            (c) The State and any political subdivision,
4        municipal corporation or other governmental unit or
5        agency, without regard to the number of employees;
6            (d) Any party to a public contract without regard
7        to the number of employees;
8            (e) A joint apprenticeship or training committee
9        without regard to the number of employees.
10        (2) "Employer" does not include any religious
11    corporation, association, educational institution,
12    society, or non-profit nursing institution conducted by
13    and for those who rely upon treatment by prayer through
14    spiritual means in accordance with the tenets of a
15    recognized church or religious denomination with respect
16    to the employment of individuals of a particular religion
17    to perform work connected with the carrying on by such
18    corporation, association, educational institution, society
19    or non-profit nursing institution of its activities.
20    (C) Employment Agency. "Employment Agency" includes both
21public and private employment agencies and any person, labor
22organization, or labor union having a hiring hall or hiring
23office regularly undertaking, with or without compensation, to
24procure opportunities to work, or to procure, recruit, refer or
25place employees.
26    (D) Labor Organization. "Labor Organization" includes any



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1organization, labor union, craft union, or any voluntary
2unincorporated association designed to further the cause of the
3rights of union labor which is constituted for the purpose, in
4whole or in part, of collective bargaining or of dealing with
5employers concerning grievances, terms or conditions of
6employment, or apprenticeships or applications for
7apprenticeships, or of other mutual aid or protection in
8connection with employment, including apprenticeships or
9applications for apprenticeships.
10    (E) Sexual Harassment. "Sexual harassment" means any
11unwelcome sexual advances or requests for sexual favors or any
12conduct of a sexual nature when (1) submission to such conduct
13is made either explicitly or implicitly a term or condition of
14an individual's employment, (2) submission to or rejection of
15such conduct by an individual is used as the basis for
16employment decisions affecting such individual, or (3) such
17conduct has the purpose or effect of substantially interfering
18with an individual's work performance or creating an
19intimidating, hostile or offensive working environment.
20    (F) Religion. "Religion" with respect to employers
21includes all aspects of religious observance and practice, as
22well as belief, unless an employer demonstrates that he is
23unable to reasonably accommodate an employee's or prospective
24employee's religious observance or practice without undue
25hardship on the conduct of the employer's business.
26    (G) Public Employer. "Public employer" means the State, an



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1agency or department thereof, unit of local government, school
2district, instrumentality or political subdivision.
3    (H) Public Employee. "Public employee" means an employee of
4the State, agency or department thereof, unit of local
5government, school district, instrumentality or political
6subdivision. "Public employee" does not include public
7officers or employees of the General Assembly or agencies
9    (I) Public Officer. "Public officer" means a person who is
10elected to office pursuant to the Constitution or a statute or
11ordinance, or who is appointed to an office which is
12established, and the qualifications and duties of which are
13prescribed, by the Constitution or a statute or ordinance, to
14discharge a public duty for the State, agency or department
15thereof, unit of local government, school district,
16instrumentality or political subdivision.
17    (J) Eligible Bidder. "Eligible bidder" means a person who,
18prior to a bid opening, has filed with the Department a
19properly completed, sworn and currently valid employer report
20form, pursuant to the Department's regulations. The provisions
21of this Article relating to eligible bidders apply only to bids
22on contracts with the State and its departments, agencies,
23boards, and commissions, and the provisions do not apply to
24bids on contracts with units of local government or school
26    (K) Citizenship Status. "Citizenship status" means the



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1status of being:
2        (1) a born U.S. citizen;
3        (2) a naturalized U.S. citizen;
4        (3) a U.S. national; or
5        (4) a person born outside the United States and not a
6    U.S. citizen who is not an unauthorized alien and who is
7    protected from discrimination under the provisions of
8    Section 1324b of Title 8 of the United States Code, as now
9    or hereafter amended.
10(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15;
1198-1050, eff. 1-1-15; revised 10-3-14.)
12    Section 93. The Minimum Wage Law is amended by changing
13Section 3 as follows:
14    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
15    Sec. 3. As used in this Act:
16    (a) "Director" means the Director of the Department of
17Labor, and "Department" means the Department of Labor.
18    (b) "Wages" means compensation due to an employee by reason
19of his employment, including allowances determined by the
20Director in accordance with the provisions of this Act for
21gratuities and, when furnished by the employer, for meals and
22lodging actually used by the employee.
23    (c) "Employer" includes any individual, partnership,
24association, corporation, limited liability company, business



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1trust, governmental or quasi-governmental body, or any person
2or group of persons acting directly or indirectly in the
3interest of an employer in relation to an employee, for which
4one or more persons are gainfully employed on some day within a
5calendar year. An employer is subject to this Act in a calendar
6year on and after the first day in such calendar year in which
7he employs one or more persons, and for the following calendar
9    (d) "Employee" includes any individual permitted to work by
10an employer in an occupation, and includes, notwithstanding
11subdivision (1) of this subsection (d), one or more domestic
12workers as defined in Section 10 of the Domestic Workers' Bill
13of Rights Act, but does not include any individual permitted to
15        (1) For an employer employing fewer than 4 employees
16    exclusive of the employer's parent, spouse or child or
17    other members of his immediate family.
18        (2) As an employee employed in agriculture or
19    aquaculture (A) if such employee is employed by an employer
20    who did not, during any calendar quarter during the
21    preceding calendar year, use more than 500 man-days of
22    agricultural or aquacultural labor, (B) if such employee is
23    the parent, spouse or child, or other member of the
24    employer's immediate family, (C) if such employee (i) is
25    employed as a hand harvest laborer and is paid on a piece
26    rate basis in an operation which has been, and is



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1    customarily and generally recognized as having been, paid
2    on a piece rate basis in the region of employment, (ii)
3    commutes daily from his permanent residence to the farm on
4    which he is so employed, and (iii) has been employed in
5    agriculture less than 13 weeks during the preceding
6    calendar year, (D) if such employee (other than an employee
7    described in clause (C) of this subparagraph): (i) is 16
8    years of age or under and is employed as a hand harvest
9    laborer, is paid on a piece rate basis in an operation
10    which has been, and is customarily and generally recognized
11    as having been, paid on a piece rate basis in the region of
12    employment, (ii) is employed on the same farm as his parent
13    or person standing in the place of his parent, and (iii) is
14    paid at the same piece rate as employees over 16 are paid
15    on the same farm.
16        (3) (Blank). In domestic service in or about a private
17    home.
18        (4) As an outside salesman.
19        (5) As a member of a religious corporation or
20    organization.
21        (6) At an accredited Illinois college or university
22    employed by the college or university at which he is a
23    student who is covered under the provisions of the Fair
24    Labor Standards Act of 1938, as heretofore or hereafter
25    amended.
26        (7) For a motor carrier and with respect to whom the



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1    U.S. Secretary of Transportation has the power to establish
2    qualifications and maximum hours of service under the
3    provisions of Title 49 U.S.C. or the State of Illinois
4    under Section 18b-105 (Title 92 of the Illinois
5    Administrative Code, Part 395 - Hours of Service of
6    Drivers) of the Illinois Vehicle Code.
7    The above exclusions from the term "employee" may be
8further defined by regulations of the Director.
9    (e) "Occupation" means an industry, trade, business or
10class of work in which employees are gainfully employed.
11    (f) "Gratuities" means voluntary monetary contributions to
12an employee from a guest, patron or customer in connection with
13services rendered.
14    (g) "Outside salesman" means an employee regularly engaged
15in making sales or obtaining orders or contracts for services
16where a major portion of such duties are performed away from
17his employer's place of business.
18    (h) "Day camp" means a seasonal recreation program in
19operation for no more than 16 weeks intermittently throughout
20the calendar year, accommodating for profit or under
21philanthropic or charitable auspices, 5 or more children under
2218 years of age, not including overnight programs. The term
23"day camp" does not include a "day care agency", "child care
24facility" or "foster family home" as licensed by the Illinois
25Department of Children and Family Services.
26(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)



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1    Section 94. The Wages of Women and Minors Act is amended by
2changing Section 1 as follows:
3    (820 ILCS 125/1)  (from Ch. 48, par. 198.1)
4    Sec. 1. As used in this Act:
5    "Department" means the Department of Labor.
6    "Director" means the Director of the Department of Labor.
7    "Wage Board" means a board created as provided in this Act.
8    "Woman" means a female of 18 years or over.
9    "Minor" means a person under the age of 18 years.
10    "Occupation" means an industry, trade or business or branch
11thereof or class of work therein in which women or minors are
12gainfully employed, but does not include domestic service in
13the home of the employer or labor on a farm.
14    "An oppressive and unreasonable wage" means a wage which is
15both less than the fair and reasonable value of the services
16rendered and less than sufficient to meet the minimum cost of
17living necessary for health.
18    "A fair wage" means a wage fairly and reasonably
19commensurate with the value of the services or class of service
20rendered. In establishing a minimum fair wage for any service
21or class of service under this Act the Department and the wage
22board without being bound by any technical rules of evidence or
23procedure (1) may take into account all relevant circumstances
24affecting the value of the service or class of service



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1rendered, and (2) may be guided by like considerations as would
2guide a court in a suit for the reasonable value of services
3rendered where services are rendered at the request of an
4employer without contract as to the amount of the wage to be
5paid, and (3) may consider the wages paid in the State for work
6of like or comparable character by employers who voluntarily
7maintain minimum fair wage standards.
8    "A directory order" means an order the nonobservance of
9which may be published as provided in Section 9 of this Act.
10    "A mandatory order" means an order the violation of which
11is subject to the penalties prescribed in paragraph 2 of
12Section 15 of this Act.
13(Source: P.A. 91-357, eff. 7-29-99.)
14    Section 95. The One Day Rest In Seven Act is amended by
15changing Section 2 as follows:
16    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
17    Sec. 2. Hours and days of rest in every calendar week.
18    (a) Every employer shall allow every employee except those
19specified in this Section at least twenty-four consecutive
20hours of rest in every calendar week in addition to the regular
21period of rest allowed at the close of each working day.
22    A person employed as a domestic worker, as defined in
23Section 10 of the Domestic Workers' Bill of Rights Act, shall
24be allowed at least 24 consecutive hours of rest in every



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1calendar week. This subsection (a) does not prohibit a domestic
2worker from voluntarily agreeing to work on such day of rest
3required by this subsection (a) if the worker is compensated at
4the overtime rate for all hours worked on such day of rest. The
5day of rest authorized under this subsection (a) should,
6whenever possible, coincide with the traditional day reserved
7by the domestic worker for religious worship.
8    (b) Subsection (a) This Section does not apply to the
10        (1) Part-time employees whose total work hours for one
11    employer during a calendar week do not exceed 20; and
12        (2) Employees needed in case of breakdown of machinery
13    or equipment or other emergency requiring the immediate
14    services of experienced and competent labor to prevent
15    injury to person, damage to property, or suspension of
16    necessary operation; and
17        (3) Employees employed in agriculture or coal mining;
18    and
19        (4) Employees engaged in the occupation of canning and
20    processing perishable agricultural products, if such
21    employees are employed by an employer in such occupation on
22    a seasonal basis and for not more than 20 weeks during any
23    calendar year or 12 month period; and
24        (5) Employees employed as watchmen or security guards;
25    and
26        (6) Employees who are employed in a bonafide executive,



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1    administrative, or professional capacity or in the
2    capacity of an outside salesman, as defined in Section 12
3    (a) (1) of the federal Fair Labor Standards Act, as
4    amended, and those employed as supervisors as defined in
5    Section 2 (11) of the National Labor Relations Act, as
6    amended; and
7        (7) Employees who are employed as crew members of any
8    uninspected towing vessel, as defined by Section 2101(40)
9    of Title 46 of the United States Code, operating in any
10    navigable waters in or along the boundaries of the State of
11    Illinois.
12(Source: P.A. 92-623, eff. 7-11-02.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".